Paying the ultimate price for free speech

Katherine Cabaniss

Published 12:00 pm, Wednesday, January 14, 2015

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Katherine Cabaniss

Katherine Cabaniss

Paying the ultimate price for free speech

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The first amendment protects our freedom of speech. First amendment rights are often touted as a cornerstone value of America. Though the freedom to speak, write, and publish is honored in many other countries, nowhere is it as strongly valued or protected as in the United States.

It was with horror that we watched a terrorist attack that occurred in France this week. We remain shocked and appalled by the brutality of the attack. We stand solidly in support of France as they mourn. We mourn as well.

The terrorists’ ultimate target in the attack was free speech. Because the terrorists disagreed with the content of a magazine, they felt justified in committing murder. Motivated by their hatred of a publication of which they did not approve, they killed the writers, administrative staff, and even security personnel that worked on site.

First Amendment

In our country, freedom of speech and the protection of the first amendment stem from a long line of United States Supreme Court decisions. The Supreme Court Opinions support the freedom to speak as a key foundation of our democracy.

We value free speech so highly that all speech is generally protected. Only certain specific exceptions have been defined by the justices as disallowed. In other words, the law protects our right to say whatever we want, whenever we want, in whatever form (written or spoken) that we want, with very limited exceptions.

Americans criticize and condemn terroristic, murderous activity. When terrorist activity is conducted to prevent free speech, it is even more reprehensible.

Supreme Court Justice Hugo Black (1886-1971) perhaps said it best. In a speech in 1963, he stated, “Freedom to publish means freedom for all and not for some. Freedom to publish is guaranteed by the constitution, but freedom to…prevent others from publishing is not.”

The heinous murders at Charlie Hebdo in Paris are an affront to all of us. From those of us who write, to those of us who speak publicly, to those of us who share our views only in private, we are collectively moved to condemn the actions of the terrorists.

Ironically, Americans would defend any person’s right to comment about the Charlie Hebdo publication. Americans respect public disagreement with popular or unpopular messages. The terrorists’ choice to commit murder and mayhem defeats the value of any comment they might have wanted to make.

The victims of the Charlie Hebdo massacre, and their families, will be in our thoughts and prayers for a very long time. Rest in peace.

Katherine Cabaniss is the Judge in the 248thCriminal District Court in Harris County. She wasformerly a prosecutor and Executive Director of Crime Stoppers. Contact her at cabanissk@yahoo.com.